Dna Test Identifies Father Of Teen Shot By Delray Police Officer

June 27, 2006|By Missy Stoddard and Erika Slife Staff Writers

With a possible multimillion-dollar wrongful-death payoff at stake, DNA tests released Monday show that an Orlando truck driver who has repeatedly been in trouble for failing to pay child support is the biological father of Jerrod Miller, the teen shot last year by a Delray Beach police officer.

The DNA test proving Terry Glover, 41, is the father of Jerrod Miller and his twin brother, Sherrod, was ordered to resolve a paternity dispute with Kenneth Miller, a Delray Beach man who was also in trouble for failing to pay the family child support. The boys' mother, Gwendolyn Cornelius, died in 2003 at age 36, according to state records.

Until a judge decides who will represent the estate and all appeals are over, the city won't begin negotiations, City Attorney Fred Gelston said Monday.

"Without regard to whether we admit any wrongdoing, we certainly want to do what's right," Gelston said. "We have to look at all the facts to determine what's right."

Delray Beach Police Officer Darren Cogoni shot Jerrod in the back of the head as the unlicensed 16-year-old drove his uncle's Cadillac down a narrow breezeway at the Delray Full Service Center during a dance in February 2005. A county grand jury declined to indict Cogoni, who was then fired. Previously, Stuart attorney Willie Gary had notified the city on behalf of the estate that he would settle the case for $7.5 million. Gary was unavailable for comment Monday.

Florida law gives only a biological parent the right to represent an estate in a wrongful death case.

At a news conference to announce the test results, Glover adamantly denied a financial motive, saying that he wants to ensure Sherrod's future security. If there is a settlement, Glover said, he intends to give a large chunk to Sherrod as well as his two half-siblings, whose parents are Cornelius and Miller. He would also like to start a foundation in Jerrod's name, he said.

Hours later, Glover and his attorney, Patrick Cousins, filed a petition formally asking that the court recognize him as the estate's representative.

At the same time, Miller's attorney, TJ "Jimmy" Cunningham, said he still plans to ask the court to name Miller the estate's representative. Miller, Cunningham noted, was previously recognized as the father and is the only dad the boys have ever known. In 1995, Miller was named the twins' legal father in a default judgment after failing to appear for a paternity and child support hearing. In 2003, court records show, Miller was $76,000 behind in child support payments.

As far as Sherrod is concerned, neither man deserves high honors, but Miller is the man he calls "Dad" and someone he considers a close friend.

"I'm going to be real: Neither one of them was great to my mom," the soft-spoken, 6-foot-3 Atlantic High School junior said. "I grew up without a father, but if I had to choose, it would be Ken. He was there most of the time."

Glover declined to discuss his personal life on Monday, but records show that on at least three occasions he has been found in contempt of court for failing to pay support for other children. He has at least five children by four women, has been divorced at least three times and had at least one unfounded paternity suit against him, court records show. Glover appeared on Monday in Cousins' West Palm Beach office with Cornelius' mother, Daisy Cornelius Ramsey, 68. Glover said he has always known he was the twins' father, but at the request of their mother he kept the information to himself. He said he visited the boys, who knew him only as "Mr. Terry," and gave them money, though he declined to say how much.

His version of events differs from Sherrod's, who said he first recalls meeting Glover after his mother's death three years ago. Based on the strong resemblance, the twins immediately suspected that Glover was their father, Sherrod said.

He remembers seeing Glover twice before Jerrod's death. Since then, Glover has been in close contact. Glover said that two weeks before Jerrod died, he and the Cornelius family disclosed the truth about the twins' paternity. Sherrod reacted positively, Glover said.

"He said, `I knew you was my dad. I look just like you,'" Glover recalled.

Kenneth Miller could not be reached for comment, but his attorney Cunningham called Glover's remarks "propaganda." A rift has formed between the Miller and Cornelius families, Cunningham said.

"Money brings out the worst in people," Cunningham said. "He only challenged the DNA after it was released in the press that a multimillion-dollar dollar lawsuit was going to be filed."

Damages that can be sought in a wrongful death case include pain and suffering, funeral expenses and "net accumulations" to the estate, which determines a figure based on a formula that combines the decedent's life expectancy and probable earning potential. The standard attorney fee in a wrongful death case is 331/3 percent, according to Cunningham, but increases to 40 percent if a lawsuit is filed.